SB 522 Amends several provisions of law relating to the regulation of commercial drivers' licenses
Sponsor: Stouffer
LR Number: 2214S.01I Fiscal Note: 2214-01
Committee: Transportation
Last Action: 3/4/2009 - Voted Do Pass S Transportation Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2009

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Current Bill Summary


SB 522 - This act modifies several provisions of law relating to the regulation of commercial drivers' licenses.

EXPUNGEMENT OF RECORDS OF CDL HOLDERS - This act prohibits the expungement of a minor in possession (MIP) charge for holders of commercial driver's licenses or persons operating commercial motor vehicles at the time of the violation (Section 311.326).

The act also provides that no records shall be expunged if a person is found guilty with a BAC of .04 or greater and is holding a commercial driver's license at the time of the offense (Section 302.545). This provision is also contained in SS/SCS/SB 761 and 774 (2008) and SS/SCS/SB 239 et al (2007).

FAILURE TO APPEAR - This act includes failure to appear by a commercial license holder or operator of a commercial motor vehicle as an commercial driver offense requiring indefinite suspension until compliance (Section 302.700 and 302.755). This provision is also contained in SS/SCS/SB 761 and 774 (2008) and SS/SCS/SB 239 et al (2007).

CDL MILITARY EXEMPTION - This act provides that a military member while driving a vehicle for military purposes is exempt from possessing a CDL. Current law provides that the military member must be driving a military vehicle to qualify for the exemption (Section 302.775). This provision was contained in SS/SCS/SB 761 and 774 (2008) and SS/SCS/SB 239 et al (2007).

FARMER CDL EXEMPTION - This act clarifies the CDL exemption for persons driving farm vehicles. In order to qualify for the exemption, the farm vehicle must be controlled by a farmer or family member, be used to transport agricultural products, machinery, or supplies to or from a farm, not be used in the operations of a common or contract carrier, and be used within 150 miles of the farmer's farm (Section 302.775).

HAZARDOUS MATERIAL ENDORSEMENT REVOCATION - This act requires the state to immediately revoke a hazardous material endorsement upon receipt of an Initial Determination of Threat Assessment and Immediate Revocation from the Transportation Security Administration. The state must revoke or deny a hazardous material indorsement within 15 days of receipt of a final determination (Section 302.735).

HAZARDOUS MATERIAL DEFINITION - This act modifies the definition of hazardous materials to correspond with federal law and regulations (Section 302.700).

DRIVING WHILE OUT OF SERVICE - This act provides that any person convicted for driving while out of service shall be disqualified from driving a commercial motor vehicle in a manner prescribed by the federal regulations (Section 302.755).

ALCOHOL-RELATED ENFORCEMENT CONTACTS - The act specifically provides that a person is disqualified from driving a commercial motor vehicle for a period of one year or greater if convicted for the first violation of any alcohol-related enforcement contact (Section 302.755).

Many of the provisions contained in this act can be found in SB 58 (2009).

STEPHEN WITTE